Aminu Musa Oyebanji V. The State (2015)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This appeal is against the judgment of the Court of Appeal, Ibadan Division, delivered on the 22nd day of June, 2011. The Court affirmed the conviction and sentence of the appellant by the trial High Court Ibadan Judicial Division handed down on the 30th day of October, 1992. The trial Court found him guilty of stealing the sum of N1,273,093.75 contrary to and punishable under Section 390(9) of the Criminal Code, Cap 30 VOL. II Laws of Oyo State of Nigeria, 1978. The appellant was sentenced to five years imprisonment with hard labour or to pay a fine of N5,000.00 (Five Thousand Naira) in lieu.

Dissatisfied with the decision of the Court of Appeal, Appellant has further appealed to this Court.

The Five grounds of appeal contained in the Appellant’s notice of appeal filed on the 5th July, 2011 with particulars read as follows:

“(I). The Court of Appeal erred in law by holding at page 8 of the judgment as follows:

“It is on record that monies were paid to the Appellant in cash for the purchase of tyres, tubes and granulated sugar. If money given for a specific purpose is neither used for that purpose nor returned on demand or at a reasonable time thereafter, the case comes within the provision of stealing by conversion under the criminal code.”

PARTICULARS OF ERROR

a. There was no evidence of payment of money to the appellant.

b. The appellant is a separate legal entity, different from Baminco Nigeria Limited.

c. There was no evidence from the records that the sum of N1,180,593.75 was given to the appellant.

(II) The Court of Appeal erred in law by holding at page 8 of the judgment as follows:

“I am inclined to agree with the learned counsel for the Respondent’s submission that the contention of the Appellant’s Counsel that the relationship is contractual and that only civil action should be commenced to resolve the subject matter of the dispute is misconceived.”

PARTICULARS OF ERRORS

a. There are evidence on records that the agreement regarding the transaction was between Associated commodities & foodstuffs Nigeria Limited and Baminco Nigeria Limited.